The AGP has also opposed investigation of alleged audio clip of former CJP Saqib Nisar, raising questions as to why the people are becoming parties of the proxy war.
ISLAMABAD: (UrduPoint/Pakistan Point News-Dec 9th, 2021) Islamabad High Court (IHC) Chief Justice Athar Minallah remarked that the court needed a basis to investigate a case or take an action, which is not possible unless the appellants bring evidence to back their claims.
The IHC had summoned Attorney-General of Pakistan Khalid Javed, asking him to assist the court regarding the plea's maintainability.
Justice Minallah raised a question as to why the court should probe a case when the concerned parties don't present any audiotape before the bench.
“A commission is constituted on certain grounds,” the CJ further remarked, asking the top law officer of the country that whom should be issued notice for inquiry into the matter.
Attorney General for Pakistan Javed contended that Salahud Din Ahmed, the president of the Sindh High Court Bar Association (SHCBA), and Syed Haider Imam Rizvi, a member of the judicial commission (Sindh), had moved the petition under Article 199-C of the Constitution.
The AGP asked as to why some people were coming to courts to become a proxy for only a certain ex-prime minister, pointing out that an impression should not be given that the petitioner was contesting someone else's case.
The AGP said that sometimes people did not know they were being used.
He also asked a question as to why were the people choosing only one prime minister and coming to court as their proxy. Thousands of people were removed. No video in their respect surface. It was a proxy war. “Today everyone is saying to have videos and this is the season of putting the judges under pressure,” he added.
He said that sometimes an audio and sometimes an affidavit is released, pointing out that if a facility was given to one PM then why was it not given to Bhutto. utto."
The top law officer told the court that there was one other Prime Minister who was executed on the orders of the court. He said, “Former prime minister Benazir Bhutto's government was not restored, but that of another one was. Briefcases full were also given in the past,” he further said.
The AGP said that if the petitioners wanted inquiries of the past events then they should amend their petitions. He also recalled that the lawyers attacked district judge in Mandi Bahauddin and at some other place, they raised slogans against the chief justice on the court premises.
At this, the CJ IHC remarked bars had waged a great struggle for the independence of the judiciary.
The SHCBA president said the AGP was holding bar associations responsible for every case.
He said that the judiciary was being made controversial through different tactics and the court could stop this practice by probing the allegations against judges. In response to that, the AGP argued that all matters of the past could be sent to Parliament. “One appeal against conviction in the Avenfield reference is being heard in this court. That one appeal has perplexed the entire judiciary,” he stated.
The IHC chief justice remarked that any audio or video could be made these days and anyone can make audio and ask for an investigation.
The court asked if they declare the petition seeking an investigation into an audio maintainable, what will be the impact on the pending appeals.
On it, the AGP said that he was saying this too that a proxy war was being fought, pointing out that all the things lead to one appeal. He argued that he was wishing to file an amended petition himself, seeking accountability of the past incidents.
The court adjourned the hearing till December 24.
An alleged audio clip of former CJP Nisar stormed into the political circles as well as into the legal fraternity, putting the independence and credibility of the courts at stake. Rana Shamim was the key man behind all this who said that he was witness of the phone call made by the former CJP to another judge regarding the case of former Prime Minister Nawaz Sharif and Maryam.
